Oregon's Death With Dignity Act

CONGRESSIONAL RECORD
SENATE
OREGON'S DEATH WITH DIGNITY ACT

Mr. WYDEN. Mr. President, last week, the U.S. Court of Appeals for the Ninth Circuit ruled to uphold the Oregon Death with Dignity Act. This ruling is the latest rebuff to U.S. Attorney General John Ashcroft's efforts to overturn Oregon law. The ruling makes clear that contrary to Attorney General Ashcroft's viewpoint, the Controlled Substance Act does not override the constitutional right of a state to regulate medical practice, including the choice of the citizenry to determine whether they want to allow physicians to aid terminally ill patients.

Oregon voters first approved a physician-assisted suicide ballot measure in 1994, but the Oregon legislature did not agree with their decision and put the matter on the ballot a second time. In 1997, Oregon voters overwhelmingly voted once more to allow physician-assisted suicide.

Almost immediately, however, federal politicians 3,000 miles away began efforts to deny Oregon citizens their long recognized right to choose their own course. Over the course of several Congresses, the attempts to overturn Oregon law and the wishes of Oregon voters through general legislation also failed.

Having failed in Congress, I predicted in December 2000, that President Bush would instruct his Attorney General to reinterpret federal law in an effort to invalidate the will of Oregon's voters. The recent ruling by the Court of Appeals for the Ninth Circuit to preserve the Oregon vote is the second setback to the Attorney General's attempts to reinterpret federal law.

Since I was first elected to the United State Senate, I have not wavered in my defense of the choice of the citizens of Oregon. If others see this ruling as an invitation once again to attempt to overturn Oregon law through federal legislation, I will be there again to stand up for my state. Therefore, I want to notify my colleagues that I will be reviewing every piece of legislation that may come before the Senate and will not grant my consent to consider any measure or matter that contains provisions that would overturn the Oregon Death with Dignity Act.